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New York Equitable Distribution Lawyer

What is Equitable Distribution in New York?

New York is an equitable distribution state. This means, during a divorce,
property division is handled in a way deemed “most fair” to both sides. It does
not mean that all property will be split 50/50 between spouses. The court
takes into account factors regarding the marriage and contributions of
each party. The courts have considerable latitude in deciding who gets
which assets.

At Eiges & Orgel, PLLC, we have over 60 years of collective experience
handling the complex
family law issues involved in property division. We can carefully review the facts
of your case, create a comprehensive strategy for getting you the fairest
share of assets, and explain the process clearly as you go through this
difficult time. We believe in working with the other party's attorney
in order to get you the best results possible, but we are also very aggressive
when they are not willing to be fair.

How Property is Divided in a New York Divorce

To ensure your assets are divided fairly, it is necessary to have a proper
valuation. It will also be necessary to determine which assets, if any,
were owned by one party prior to the marriage. These are both considerable
factors. Assets can include vehicles, homes, jewelry, antiques, art, businesses,
retirement accounts and investment accounts.

During the equitable distribution phase of your divorce, the court will
also look at:

The overall length of the couple’s marriage

The income and property of each spouse

The non-financial contributions of each spouse

The age, health & earning capacity of both spouses

Whether or not spousal support was awarded

The wishes of both spouses regarding certain assets

The liquid & non-liquid nature of the property involved

Any wasteful dissipation of assets prior to divorce

Is New York a Community Property State?

No, New York is an equitable distribution state that divides property based
on what is fair and reasonable. Most states are transitioning to equitable
distribution as community property is only practiced in a handful of states.

Equitable Distribution vs. Common Law Distribution

Prior to becoming an equitable distribution state, New York was a common
law property state. This means that a couple’s property was distributed
according to the manner in which title was held. For example, if only
your name appeared on the title of your house, you would get to keep it after a
divorce; however, this has since changed. Now the court must divide a couple’s
assets as fairly and equitably as possible.
Still, this does not mean that there will be a 50/50 split.

What Am I Entitled to in a Divorce in NY?

Under New York’s equitable distribution laws, only your “marital
property” will be divided during a divorce. This means that you
and your spouse will get to keep any separate property that was brought
into the marriage.

In the state of New York, “separate property” can include any
assets that were:

Marital property includes any assets that were acquired during the marriage—regardless
of who holds the title. With few exceptions, this may include both spouses’
income, purchases made with that income, and retirement benefits.

Let Eiges & Orgel, PLLC Guide You Through the Process

An individual who is getting divorced needs experienced legal counsel to
not only sift through all of the details of the different assets and their
potential values, but to present one's case in a way that brings to that
person the fairest and most beneficial asset distribution. If you are
facing divorce, it is imperative that you contact a seasoned New York
divorce attorney at once. Doing so can maximize your chances of receiving
the best possible outcome in your case.

Having helped thousands of clients achieve a successful resolution to their
divorce, Eiges & Orgel, PLLC is well-poised to help you pursue the
outcome you deserve. Attorney Kenneth Eiges has hosted a radio show on
divorce issues, appeared on numerous TV shows and written articles on
the subject. Linda Eiges has hosted radio shows along with him and has
also testified and advised the City Council on legal issues. This level
of expertise benefits our clients greatly.

Contact a lawyer at Eiges & Orgel, PLLC firm for help pursuing a just resolution
to your property division.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.